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My previous employer is suing me for breach of contract due to non-compete agreement.

Business 6 views 5 answers
I worked as a consultant to an end-client but my employer was not the direct vendor of my client and they don't have a contract/agreement together and I found out that my employer is paying me below of what they filed to Dept. of Labor as my prevailing wage. Would the non-compete agreement still enforceable?

Attorney Answers

5
Christopher Edward EzoldHealth Care LawyerBala Cynwyd, PA ·
I am an attorney licensed in the Commonwealth of Pennsylvania, and the States of Delaware and New Jersey. My practice includes employment, business and health care law. Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, Delaware, New Jersey or Federal law applies. That being said, it is not possible to determine enforceability of the noncompete without reading it and discussing the facts with you. I've litigated a lot of noncompete issues, and they tend to rise and fall on the facts of the employment situation. However, if you were required to be paid prevailing wage, and were not, then it is likely not enforceable. These are complicated issues to litigate, you should absolutely get an attorney with experience in litigating noncompete matters. /Christopher E. Ezold/ The Ezold Law Firm, P.C. Employment, Business and Health Law One Belmont Avenue, Suite 501 Bala Cynwyd, PA 19004 (610) 660-5585 [email protected] www.ezoldlaw.com
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James Bell ·
as always, couldn't agree more with Chris's Answer. Contact a lawyer.
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Charles Curley ·
Generally speaking, non-competes are enforceable, but they are not favored by the courts. It sounds from your question that you have some extenuating circumstances that could be used to defeat your employer's plan to prevent you from working. You should consult with an experienced attorney who should be able to develop a winning strategy.
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Peter Valenzano ·
Generally speaking, non-compete agreements are enforceable. However, an attorney would have to review the language in the contract in order to determine for certain. Of course, it sounds like you may have a separate claim against your former employer under the prevailing wage act and/or FLSA. I'd have to have a conversation with you and review your documents to be certain. I am in Jersey City and would be happy to review your document. Feel free to contact me at your earliest convenience.
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Colin M PageEmployment / Labor AttorneyRoseland, NJ ·
Technically, the issues are not related. The employer may owe you prevailing wage. If so, you should file a complaint with the U.S. Department of Labor. you may be able to use the DOL complaint as leverage in a negotiation over the non-compete lawsuit. Also, You may also be able to claim to the DOL that the lawsuit your employer has brought constitutes an effort to impose an illegal penalty for leaving employment. Also, you should check on the registration status of your employer with the NJ Division of Consumer Affairs. Firms such as your employer are often registered as Temp Service firms. Under the state's Private Employment Agency Act, tem services firms cannot restrict the ability of their temp employees to leave.
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